1 APHC010021332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 424/2025 Between: Arun @ Perumkolam Gopi Arun Kumar and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. YENNAM SUDHEER BABU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following order: The instant Criminal Petition is filed under Section 528 of BNSS, by the Petitioners/Accused Nos.1 to 3, seeking quashment of the proceedings in Crime.No.06 of 2025 of Patamata P.S., Krishna District against them for the offence punishable under Sections 115(2), 140(3), 127(3), 308(2), 324(4), 329(4), 351(2) r/w 3(5) BNS. 2 2. Heard Y.Sudheer Babu, learned counsel for the petitioners and the learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that petition may be disposed of by giving protection to the petitioners vide guidelines of the Hon’ble Apex Court in Arnesh Kumar v. State of Bihar1. 4. Learned Assistant Public Prosecutor, on instructions, would submit that the offences registered against the petitioners are punishable with less than seven years period of imprisonment and necessary direction may be given to the concerned Station House Officer. 5. Considering the submissions, this criminal petition is disposed of with the following; a. Investigating Officer is at liberty to complete the investigation, in accordance with law. b. In the event of any coercive action sought to be taken against the petitioners, concerned police authorities are directed to scrupulously follow the procedure prescribed under Section 35 (3) of BNSS [Section 41-A Cr.P.C.,] and the guidelines laid down by the Hon’ble Supreme Court in Arnesh Kumar’s case (supra). 1 (2014) 8 SCC 273 3 6. It goes without saying that, if any charge sheet is filed in the above crime, the petitioners are at liberty to challenge the charge sheet, if they feel aggrieved by the same. 7. Accordingly, the Criminal Petition is disposed of. Pending applications, if any, shall stands closed. _________________________________________ DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.01.2025 JLV 4 52 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.424 of 2025 Dt.10.01.2025 JLV